HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2020 1.2 Nature and scope of the mandate HRCSL is an independent Commission, established to promote and protect human rights in the country. The Commission is also mindful of Sri Lanka’s international human rights obligations and strives to ensure the country abides by these obligations. The Commission was established in 1996 by the Human Rights Commission of Sri Lanka Act, No. 21 of 1996(the Act). The Act sets out the legal basis and operational principles of the HRCSL. The HRCSL is a scheduled commission under the 19th amendment to the Constitution of Sri Lanka but it is not formally established by the Constitution. The Chairperson and Members of the Commission are appointed by the President on the recommendation of the Constitutional Council. The Commission is answerable to Parliament. Under the Act Commissioners hold office for a period of three years and are eligible for reappointment. Under Section 4 of the Act, Commissioners are guaranteed security of tenure with removal made possible only after following procedure akin to the removal of Justices of the Supreme Court and Court of Appeal. The Act recognizes the jurisdiction in the Commission in terms of fundamental rights and human rights. Fundamental rights are certain civil and political rights as well as economic, social and cultural rights guaranteed in Chapter III of the Constitution of the Democratic Socialist Republic of Sri Lanka. Human rights are defined in the Act as “rights declared and recognized by the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)” thus empowering the Commission to ensure national standards are in compliance with international legal obligations of Sri Lanka. The statutory functions of the Commission (as set out in Section 10 of the Act) are:  to inquire into, and investigate, complaints regarding procedures, with a view to ensuring compliance with the provisions of the Constitution relating to fundamental rights and to promoting respect for, and observance of, fundamental rights; 17

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